When is the Right Time to Pursue a Texas Wrongful Death Lawsuit?
The merit of pursuing a wrongful death lawsuit can be quite difficult for the bereaved family to determine. A legitimate wrongful death lawsuit is based on four elements. These elements are:
The loved one was killed by the action or inaction of a liable party or parties.
The negligent action of the liable parties caused the fatal accident.
The decedent has surviving family members or beneficiaries that can seek wrongful death or survival damages.
Some type of financial loss has been incurred by the decedent or the surviving family members as a result of the accident.
If any of these elements are missing, a wrongful death lawsuit cannot be pursued. Should you be unsure of your situation in regard to these qualifications, you should contact our Texas wrongful death attorneys for a free consultation.
It is also important to know that you can seek a wrongful death lawsuit against a liable party even if that party is may be facing criminal charges related to the accident. In other words, if a driver becomes distracted and runs into a pedestrian that causes the pedestrian to die, the driver would most likely not face criminal charges. However, the pedestrian’s family could initiate a wrongful death lawsuit against the driver for his negligent actions that led to the pedestrian’s death. Alternatively, if the driver was drunk at the time of the accident, then it is highly likely that criminal charges would be filed.
In this situation, the decedent’s family could file a wrongful death lawsuit. In other instances when criminal charges are not filed against the liable party, a wrongful death civil suit is the only way to hold the liable party accountable for his negligent actions.